Seanad debates

Thursday, 25 September 2014

Freedom of Information Bill 2013: Committee Stage

 

11:45 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

I would like to address two points that have arisen in the debate. First, it is clear from the definition of "public body" in section 6(1) that an entity established by or under any enactment, in other words a statutory entity, will be covered by the legislation. As such, the type of entity mentioned by Senator Byrne would be covered.

On the other point in relation to Senator Barrett's amendment No. 13 to section 7, as stated by the Minister if accepted this would allow for the inclusion of far too wide a group. Section 2 defines an entity as "a person, body of persons, organisations or group". Acceptance of amendment No. 13 would result in any private company that has a contract with the State to supply goods or services of up to €100 being subject to FOI. That is far too broadly drawn. It is not at all within the spirit of the legislation that that type of entity would be captured. The structured approach provided for in the current draft of section 7 is preferable, although I do appreciate we are all trying to get to the same place. It is a more carefully drawn set of provisions to allow for the prescribed bodies to be captured under this legislation, rather than providing that any entity that receives State funding of any kind will be subject to FOI.

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